Scott A Blattert, Jr. v. State of Indiana

CourtIndiana Court of Appeals
DecidedAugust 9, 2024
Docket23A-CR-01571
StatusPublished

This text of Scott A Blattert, Jr. v. State of Indiana (Scott A Blattert, Jr. v. State of Indiana) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scott A Blattert, Jr. v. State of Indiana, (Ind. Ct. App. 2024).

Opinion

IN THE

Court of Appeals of Indiana FILED Scott A. Blattert, Jr., Aug 09 2024, 8:58 am

Appellant-Defendant CLERK Indiana Supreme Court Court of Appeals and Tax Court

v.

State of Indiana, Appellee-Plaintiff

August 9, 2024 Court of Appeals Case No. 23A-CR-1571 Appeal from the Lawrence Superior Court The Honorable John M. Plummer, III, Judge Trial Court Cause No. 47D01-1911-F3-2104

Opinion by Judge Mathias Judges May and Brown concur.

Court of Appeals of Indiana | Opinion 23A-CR-1571 | August 9, 2024 Page 1 of 25 Mathias, Judge.

[1] Scott A. Blattert, Jr. appeals his convictions for Level 3 felony aggravated

battery, two counts of Level 5 felony domestic battery, Level 6 felony

strangulation, Level 6 felony domestic battery, and Class A misdemeanor

domestic battery. Blattert raises five issues for our review, which we reorder and

restate as the following four issues:

1. Whether we should revisit the holding of another panel of our Court, on interlocutory appeal, that Blattert was not entitled to a defense under Indiana’s Religious Freedom Restoration Act (RFRA), Ind. Code §§ 34-13-9-0.7 to -11 (2018).

2. Whether the trial court erred in the admission of evidence.

3. Whether the trial court acted within its discretion when it declined to accept one of Blattert’s proffered jury instructions.

4. Whether the State presented sufficient evidence to support Blattert’s convictions.

[2] We affirm.

Facts and Procedural History [3] Blattert and his wife, Cherry, were married in 2001, and, in August 2018, they

moved to Springville in Lawrence County. They considered themselves deeply

religious. By September 2019, they had nine children and Cherry was pregnant

with their tenth child. Cherry homeschooled the children, and she and Blattert

Court of Appeals of Indiana | Opinion 23A-CR-1571 | August 9, 2024 Page 2 of 25 “made it clear” that they expected the children to conform to their religious

precepts. Tr. Vol. 5, p. 211.

[4] Blattert and Cherry “believe[d]” in corporal punishment of the children. Id. at

214. That often took the form of “hit[ting]” the children with an eight-to-ten

inch “glue stick.” Id. at 97. Blattert in particular had “experimented with

wooden rods” on the children but “settled on glue sticks” because they were

more “painful” and did not leave “as many marks.” Tr. Vol. 4, pp. 106-07.

Blattert also hit the children with his hands and with a belt.

[5] In 2019, Blattert’s oldest daughters were fifteen-year-old H.B. and fourteen-

year-old Au.B. In April of that year, H.B. and Au.B. contacted the Indiana

Department of Child Services (DCS) because Blattert’s punishments were

“getting more violent,” and they were “scared.” Tr. Vol. 5, p. 100. DCS sent an

agent to the Blatterts’ home, but, after interviewing the children, the agent

simply warned Blattert and Cherry not to let “it happen[] again.” Tr. Vol. 4, p.

110. Following the visit from the DCS agent, Blattert accused H.B. and Au.B.

of trying to “break up th[e] family,” and his punishments became “more

violent, . . . longer, and more frequent.” Id. at 111-12.

[6] In September, Cherry was instructing the children on “the period between

Rome to the Reformation” and “about how Jesus Christ is the center of

history.” Tr. Vol. 5, pp. 243-44. Au.B. “got very upset” and “frustrated,” and

Au.B. said “that’s not really history” and accused Cherry of “just shoving

religion into everything.” Id. at 244-45. Cherry did not appreciate Au.B.’s

Court of Appeals of Indiana | Opinion 23A-CR-1571 | August 9, 2024 Page 3 of 25 comments and complained about them to Blattert when he came home from

work.

[7] Blattert was “very angry” and called Au.B. into the living room, had her lean

over the couch, and struck her multiple times with the glue stick. Tr. Vol. 4, p.

137. Afterward, Au.B. turned to face Blattert with her arms crossed. Blattert

interpreted the gesture to mean that he could not hurt her, and, “if you can’t

hurt me, you can’t do anything to me.” Tr. Vol. 6, p. 143. Blattert was “yelling”

and upset that Au.B. had an “attitude” with him. Tr. Vol. 4, p. 137; Tr. Vol. 6,

p. 171. He then began striking Au.B. with his belt.

[8] H.B., who had been in her bedroom but could see what was happening,

grabbed a nearby video camera and began recording the incident. She started

recording about ten minutes after Blattert had initially called Au.B. into the

living room. She later testified that she began recording the incident because she

knew that Blattert “was going to get violent” and that “DCS [was] looking for

some actual evidence.” Tr. Vol. 4, p. 138.

[9] In the recorded portion of the incident, 1 Blattert struck Au.B. twenty-five times

with his belt, although H.B. had observed “a lot more” before she began

recording. Id. Blattert grabbed Au.B. by the neck, forced her over the couch,

1 The trial court admitted the recording as State’s Exhibit 2. That exhibit arrived in our Court as a cracked CD with an exhibit sticker on it. In order to determine if the recording on the exhibit was viewable, our Court’s IT professionals had to remove the exhibit sticker. We were then able to preserve a copy of the recording in .mov format. We will keep that copy in our records until this decision is certified should the physical version of the exhibit be unviewable during that time.

Court of Appeals of Indiana | Opinion 23A-CR-1571 | August 9, 2024 Page 4 of 25 and struck her on the back with his elbow. He pushed her face into the cushions

of the couch and held her there for approximately five to seven seconds. He

then allowed Au.B. to stand, and, as she turned toward him, he punched her in

the face. He pushed her back onto the couch and, while holding her down with

his left arm, raised his right arm up and then struck her with his right elbow on

her back and near the base of her neck. Blattert released Au.B. only to again

grab her by the throat. He then threw her to the ground, jumped on top of her,

and placed both hands around her neck while pushing down on her.

[10] At that moment, Cherry noticed that H.B. was recording the attack, and H.B.

saw Cherry “coming at” her. Tr. Vol. 4, p. 138. H.B. “ducked into [her] room,”

turned the camera off, “took the [memory] chip out very fast,” and “hid” the

memory card. Id. at 139. H.B. then handed the camera over to Cherry.

Meanwhile, Blattert continued to strike Au.B. with his belt. Au.B. sustained

multiple visible marks and bruises from the attack.

[11] Blattert and Cherry had removed or hidden phones from the house, but near

Halloween H.B. noticed that Cherry had left a cell phone out to charge during

the evening. H.B. used the phone to call the DCS hotline. DCS informed

Blattert that an agent would be at the home to investigate allegations of abuse

on October 31. The night before, Blattert searched H.B.’s bedroom for the

camera’s missing memory card, but he did not locate it.

[12] On October 31, DCS assessment case worker Jennifer Rutan arrived at the

Blatterts’ residence along with a state trooper. Rutan initially observed that

Court of Appeals of Indiana | Opinion 23A-CR-1571 | August 9, 2024 Page 5 of 25 Blattert appeared “confident” in meeting with her. Tr. Vol. 5, p. 61. Rutan then

met with H.B. and Au.B. privately. During that meeting, H.B. handed Rutan

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